Wilson v. White
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Joel D. Conway, Judge; 1. Appellee was not a proper party, and the demurrer should have been sustained. He had no legal capacity to sue, no right to the possession of the note, which should have .been turned over to his successor in offic.
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Appeal from Hempstead Circuit Court; Joel D. Conway, Judge; 1. Appellee was not a proper party, and the demurrer should have been sustained. He had no legal capacity to sue, no right to the possession of the note, which should have .been turned over to his successor in offic. He had no interest in the note nor any right to assume it. 12 Ark. 125; 13 Ark. 437; 19 Ark. 602; 23 Ark. 30; 27 Ark. 15; 42 Ark. 449; 46 Ark. 420; 36 Ark. 501; 43 Ark. 33; 48 Ark. 420; 47 Ark. 54; 51 Ark. 205; 53 Ark. 140. 2. The surety is discharged if the creditor does any act whereby the surety is prevented from…
1Opinion of the CourtMcCuleoch, J.
The plaintiff, James D. White, was formerly sheriff of Hempstead County, and, after the expiration of his term of office, he instituted this action against the defendant, M. W. Wilson, as surety on a note in the following form executed for the amount of a fine and costs adjudged by the circuit court of that county against J. J. Robertson, the principal:
“On or before the first day of October, 1901, I, Joe Robertson, principal, M. W. Wilson, sureties, promise to pay to James D. White, sheriff of Hempstead Co., Arkansas, the sum of two hundred and forty and 10-100 dollars, the amount of fine and…
2Cases cited5 opinions
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
- State v. WoodSupreme Court of Arkansas · 1888
- Lowenstein v. McCaddenSupreme Court of Arkansas · 1890
- Dillard v. NelsonSupreme Court of Arkansas · 1906
- North American Trust Co. v. ChappellSupreme Court of Arkansas · 1902
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- Southern Farm Bureau Casualty Insurance v. TallantSupreme Court of Arkansas · 2005
- Hill v. KavanaughSupreme Court of Arkansas · 1915
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